2026 -- S 2563 | |
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LC004525 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY -- PRESCRIPTION DRUG SAVINGS AND | |
TRANSPARENCY ACT OF 2026 | |
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Introduced By: Senators Ujifusa, Lawson, Urso, Euer, Mack, Murray, Acosta, Zurier, | |
Date Introduced: February 13, 2026 | |
Referred To: Senate Health & Human Services | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Legislative findings and purpose. |
2 | The general assembly finds and declares that: |
3 | (1) The Rhode Island Medicaid program represents a substantial portion of the state budget |
4 | and provides essential health coverage to children, seniors, people with disabilities, and low-income |
5 | working families. |
6 | (2) Prescription drug benefits account for a significant and growing share of Medicaid |
7 | expenditures, and the structure used to administer those benefits directly affects program costs, |
8 | transparency, administrative efficiency, and beneficiary access to medically necessary medications. |
9 | (3) Several states, including Kentucky, West Virginia, Ohio, and Connecticut, have |
10 | improved Medicaid prescription drug oversight by adopting consolidated prescription drug |
11 | management approaches, including combinations of uniform preferred drug lists, consolidated |
12 | pharmacy benefit management functions, and centralized administrative oversight. |
13 | (4) Research, audits, and multi-state experience demonstrate that consolidated prescription |
14 | drug management approaches can lower administrative costs for states, increase the share of |
15 | manufacturer rebates returned to Medicaid, reduce administrative burdens for prescribers and |
16 | pharmacies, and improve continuity of care for beneficiaries, particularly when individuals change |
17 | plans or eligibility categories. |
18 | (5) Audits and oversight reviews in multiple states have found that incomplete disclosure, |
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1 | contractual confidentiality provisions, and the routing or reclassification of Medicaid pharmacy- |
2 | related payments through affiliates or non-pharmacy cost categories have impeded effective |
3 | oversight, necessitating clear statutory authority for regulator access to relevant information. |
4 | (6) The purpose of this act is to require an independent, comprehensive, and fiscally |
5 | rigorous evaluation conducted by the office of the auditor general to determine whether Rhode |
6 | Island would benefit from consolidating prescription drug management within the Medicaid |
7 | program, and to ensure that such evaluation is based on complete and accurate information |
8 | regarding Medicaid prescription drug expenditures. |
9 | SECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
10 | amended by adding thereto the following chapter: |
11 | CHAPTER 106 |
12 | PRESCRIPTION DRUG SAVINGS AND TRANSPARENCY ACT OF 2026 |
13 | 23-106-1. Short title. |
14 | This act shall be known and may be cited as the "Prescription Drug Savings and |
15 | Transparency Act of 2026." |
16 | 23-106-2. Authority to conduct independent study. |
17 | (a) The office of the auditor general is authorized and directed to conduct a performance, |
18 | financial, and/or cost-effectiveness study to evaluate whether Rhode Island would benefit from |
19 | consolidated prescription drug management for the Medicaid program. As deemed necessary to |
20 | conduct the study, the office of the auditor general may contract with an independent pharmacy |
21 | pricing and audit consultant (PPAC) or other qualified external entities with expertise in Medicaid |
22 | prescription drug management, pharmacy benefit audits, and fiscal analysis. |
23 | (b) The study shall evaluate and compare, at a minimum, the following prescription drug |
24 | management structures currently implemented by one or more state Medicaid programs: |
25 | (1) Administration of the pharmacy benefit through Medicaid managed care organizations |
26 | utilizing multiple pharmacy benefit managers and multiple preferred drug lists, representing Rhode |
27 | Island’s current status quo; |
28 | (2) Administration of the pharmacy benefit under a single, statewide preferred drug list, |
29 | regardless of claims-processing or administrative structure including, but not limited to, models |
30 | used in the states of Connecticut, Kentucky, and West Virginia; |
31 | (3) Administration of the pharmacy benefit through a single state-contracted pharmacy |
32 | benefit manager, such as in the state of Kentucky, through direct state contracting; and |
33 | (4) Administration of the pharmacy benefit under a state-administered fee-for-service |
34 | model, including through a fiscal agent or administrative services organization, such as in the state |
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1 | of Connecticut; |
2 | (c) In conducting the study, the office of the auditor general shall retain full and |
3 | independent authority to evaluate fiscal assumptions, cost estimates, methodologies, the receipt, |
4 | allocation, and accounting of manufacturer rebates, administrative fees, and projected financial |
5 | outcomes. |
6 | 23-106-3. Scope of analysis. |
7 | The study required under this act shall evaluate the prescription drug management |
8 | structures identified in § 23-106-2 and shall include, but not be limited to: |
9 | (1) A comparison of current Medicaid prescription drug expenditures with projected |
10 | expenditures under distinct prescription drug management models currently implemented by one |
11 | or more state Medicaid programs, including fiscal impacts to the state budget; |
12 | (2) An assessment of administrative costs, pricing transparency, rebate aggregation and |
13 | retention, pharmacy reimbursement methodologies, and oversight implications; |
14 | (3) An analysis of impacts on Medicaid beneficiary access, provider prescribing practices, |
15 | utilization management requirements, and continuity of care; |
16 | (4) A review of cost savings, health outcomes, and implementation challenges experienced |
17 | by states that have adopted the structures identified in § 23-106-2; and |
18 | (5) Recommendations for any statutory, regulatory, procurement, or contract changes |
19 | necessary to implement any such structure within Medicaid, if determined to be in the best interest |
20 | of the state. |
21 | 23-106-4. Required information. |
22 | (a) Any private entity including, but not limited to, any pharmacy benefit manager, |
23 | managed care organization, group purchasing organization, rebate aggregator, claims processor, |
24 | administrator, subcontractor, affiliate, parent, subsidiary, or related entity, that receives, retains, |
25 | administers, manages, negotiates, or is otherwise paid or reimbursed any funds, fees, rebates, price |
26 | concessions, or other remuneration, directly or indirectly, in connection with prescription drug |
27 | benefits provided under the Rhode Island Medicaid program, shall, notwithstanding any contractual |
28 | provision to the contrary, upon request of the office of the auditor general or contractors working |
29 | in conjunction with the auditor general for purposes of performing this study, provide timely, |
30 | complete, and unredacted access to information, data, and records reasonably necessary to carry |
31 | out the study required under this chapter. |
32 | (b) Information subject to subsection (a) of this section shall include, but not be limited to, |
33 | records relating to: |
34 | (1) All Medicaid pharmacy claims, including ingredient costs, dispensing fees, |
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1 | administrative fees, utilization data, and any other amounts paid, received, retained, or transferred |
2 | in connection with Medicaid prescription drug benefits; |
3 | (2) All rebates, price concessions, discounts, administrative charges, service fees, data fees, |
4 | or other forms of compensation or remuneration, regardless of how such amounts are characterized |
5 | or reported; |
6 | (3) Any arrangements, agreements, or transactions through which compensation related to |
7 | Medicaid prescription drug benefits is assigned, shared, transferred, aggregated, retained, or |
8 | reclassified, including amounts embedded in or attributed to non-pharmacy services or other cost |
9 | categories; |
10 | (4) All contracts, subcontracts, and amendments relating to Medicaid prescription drug |
11 | benefits, including contracts with manufacturers, wholesalers, pharmacies, intermediaries, or |
12 | affiliated entities; |
13 | (5) Formularies, preferred drug lists, utilization management criteria, step therapy |
14 | protocols, and prior authorization policies applicable to Medicaid prescription drug benefits; and |
15 | (6) Any other information necessary to evaluate the fiscal, administrative, and operational |
16 | impacts of consolidated prescription drug management within the Medicaid program. |
17 | (c) Information provided pursuant to this section: |
18 | (1) Shall be used solely for purposes of the study authorized by this chapter; |
19 | (2) Shall be protected from public disclosure to the extent permitted by law, including as |
20 | confidential commercial or proprietary information; provided that, such designations shall not be |
21 | used to withhold information from the office of the auditor general; and provided, further, that |
22 | aggregated or de-identified findings may be included in the final report; and |
23 | (3) Shall be subject to appropriate data security and privacy protections. |
24 | 23-106-5. Enforcement. |
25 | This chapter shall be enforced by the office of the auditor general and the attorney general. |
26 | Nothing in this chapter shall be construed to limit or restrict the authority of the office of the auditor |
27 | general, the attorney general, or any other state official under any other provision of law. |
28 | 23-106-6. Reporting. |
29 | The office of the auditor general shall submit a written report of findings and |
30 | recommendations, including any proposed legislation, to the speaker of the house of |
31 | representatives, the president of the senate, and the chairs of the house and senate finance |
32 | committees no later than March 31, 2027. |
33 | 23-106-7. Severability. |
34 | If any provision of this chapter or its application to any person or circumstance is held |
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1 | invalid, the invalidity shall not affect other provisions or applications of the chapter. |
2 | SECTION 3. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- PRESCRIPTION DRUG SAVINGS AND | |
TRANSPARENCY ACT OF 2026 | |
*** | |
1 | This act would establish the “Prescription Drug Savings and Transparency Act of 2026.” |
2 | This act would authorize an independent, comprehensive study by the office of the auditor general |
3 | to determine whether Rhode Island would benefit from adopting a consolidated prescription drug |
4 | management program within the Medicaid program. |
5 | This act would take effect upon passage. |
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